BILL NUMBER: AB 1650	CHAPTERED  10/10/99

	CHAPTER   724
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN SENATE   JUNE 22, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999

INTRODUCED BY   Committee on Transportation (Torlakson (Chair),
Baldwin, Bates, Correa, Davis, Dutra, Havice, House, Leach,
Longville, Maldonado, Margett, Nakano, Scott, Strom-Martin, and
Zettel)

                        MARCH 8, 1999

   An act to amend  Sections 14076.2 and 103113 of, and to repeal
Section 14451 of, the Government Code, to amend Section 20300 of, and
to amend the heading of Article 16 (commencing with Section 20300)
of Chapter 1 of Part 3 of Division 2 of, the Public Contract Code, to
amend Sections 28748.8, 100000, 100011, and 131268 of, to amend the
heading of Part 12 (commencing with Section 100000) of Division 10
of, to add Section 100002 to, the Public Utilities Code, to amend
Sections 8503 and 8504 of, and to amend Section 10753 of, the Revenue
and Taxation Code, to amend Sections 104.18, 253.1, 253.7, 318, 344,
366, 383, 391.1, 442, 559,  635, and 2104 of, to repeal Section 574
of, and to amend and renumber Section 630 of, the Streets and
Highways Code, to amend Sections 2800, 4604.5, 5002.7, 13102,
14104.5, 14105, 14105.5, 15300, 15302, 21753, 22349, 22406, 23620,
29004, 34500, 34520, 34631.5, 40001, 40303, 42001.1, and 42005 of, to
add Sections 407.5, 15309, 15311, and 29004 to, to repeal Section
21100.4 of, and to amend, repeal, and add Section 35160 of, the
Vehicle Code, and to amend Section 6 of Chapter 1159 of the Statutes
of 1993, relating to transportation, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1650, Committee on Transportation.  Transportation.
   (1) Under existing law, the powers and duties of the Department of
Transportation include the duty of preparing an annual report that
discusses the accomplishments of the California Transportation
Research and Innovation Program and to submit that report to the
Legislature not later than August 1st.
   This bill would delete that duty.
   (2) Existing law authorizes the board of directors of the San
Francisco Bay Area Rapid Transit District (BART) to provide, by
ordinance or resolution, that each director of the district shall be
paid a sum that shall not exceed $1,000 for each month served subject
to attendance requirements.  Existing law provides for reduced
compensation of members who miss board meetings and committee
meetings, except as specified.
   This bill would provide for a $100 reduction from the stipend for
failure to attend each meeting of a committee on which the member
serves if the member attends all scheduled and noticed regular board
meetings.
   (3) Existing law creates the Santa Clara County Transit District
and prescribes the powers and duties of that district.
   This bill would change the name of the district to the Santa Clara
Valley Transportation Authority and would make conforming changes in
related provisions of existing law.
   (4) Under existing law, each member of the Santa Clara County
Transit District Board is required to receive compensation in an
amount determined by the board, not to exceed $50 for attending each
board meeting and committee, and not to exceed $300 in any month.
   This bill would increase the amount per meeting from $50 to $100
and would increase the monthly maximum from $300 to $400.
   (5) The Bay Area County Traffic and Transportation Funding Act
authorizes each member of a transportation authority created under
the act in certain San Francisco Bay area counties to be compensated
at the rate of $50 for each day attending the business of the
authority, but not more than $100 in any month, excluding certain
traveling and personal expenses.
   This bill would increase the daily compensation to $100 and the
maximum monthly compensation to $400.
   (6) Existing law authorizes the Metropolitan Transportation
Commission to impose a tax on the sale of gasoline within the region
under its jurisdiction of not more than $0.10 per gallon, subject to
certain conditions, including that the commission adopt a regional
transportation expenditure plan prior to imposing the tax and that
the measure imposing the tax be submitted to the voters of the
region.  Existing law requires that projects meet certain regional
transportation needs in order to be included in the plan, such as to
fund seismic retrofitting of transportation facilities, except toll
bridges.
   This bill would delete the toll bridges exclusion.
   The bill would require the measure submitted to the voters to be
set forth separately from state and local measures and to include
certain language advising the voters of the authority the measure
would provide.  The bill would require the costs of submitting the
measure to the voters to be reimbursed from general transportation
funds if the measure is not approved.
   (7) Under existing law, if a commercial vehicle, as defined, is
modified or additions are made, as specified, at a cost of $2,000 or
more, the owner of that vehicle is required to report that
modification or addition to the Department of Motor Vehicles.
Operative on January 1, 2000, the amount of the modification or
addition that requires the reporting will be reduced from $2,000 to
$200.
   This bill would delay, until January 1, 2001, the operative date
of the provision providing for a reduced amount, thereby continuing
the $2,000 modification or addition threshold reporting requirement
until that date.
   (7.5) Existing law authorizes the Department of Transportation to
lease specified real property in the City of San Diego to a city,
county, or other political subdivision or another state agency for
emergency shelter or feeding program purposes.
   This bill would authorize the department to lease the specified
property for the additional purpose of establishing a day care center
for children.
   (8) Existing law lists the highways included in the California
freeway and expressway system.
   This bill would add State Highway Route 11 to the California
freeway and expressway system, would modify the description of the
portion of State Highway Route 142 that is included in that system,
would delete State Highway Route 274 from the system, and would allow
for the relinquishment of a portion of State Highway Route 91 to the
Cities of Hermosa Beach, Lawndale, Manhattan Beach, and Redondo
Beach if the cities agree to it.
   (9) Existing law provides descriptions of the routes in the state
highway system.
   This bill would modify the descriptions of State Highway Routes
18, 44, 66, 83, 142, 259, and 330 to delete references to State
Highway Route 30, which has been deleted from the state highway
system.
   (10) Existing law continuously appropriates specified sums from
revenues derived from certain taxes imposed on motor vehicle fuel for
allocation to counties for various highway purposes, including a sum
equal to the total of all reimbursable costs of snow removal on
county roads, as specified, or $5,500,000, whichever is less.
   This bill would increase the $5,500,000 amount to $7,000,000,
thereby making an appropriation by increasing the amount of money
available for snow removal.
   (11) Existing law governs the operation of motor vehicles and
bicycles, but does not include provisions specifically governing the
operation of motorized scooters.
   This bill would define "motorized scooter" for purposes of the
Vehicle Code and would require every manufacturer of motorized
scooters to provide a disclosure to buyers that advises buyers that
their existing insurance policies may not provide coverage for these
scooters and that they should contact their insurance company or
insurance agent to determine if coverage is provided.  The disclosure
would be required to be printed as specified and to contain certain
language relating to insurance requirements.
   (12) Existing law makes it unlawful to willfully fail or refuse to
comply with any lawful order or any peace officer, as defined, when
that peace officer is in uniform and is performing duties under the
Vehicle Code.
   This bill would specify that it is unlawful to fail or refuse to
comply with any lawful out-of-service order, as defined, that
complies with certain federal regulations and is issued by a peace
officer, as specified.
   (13) Existing law, until January 1, 2000, authorizes the filing of
a certificate of nonoperation after the expiration of the
registration of a vehicle, as specified.
   This bill would delete the repeal date specified above, thus
extending indefinitely the authority to file the specified
certificate of nonoperation.
   (14) Existing law authorizes any member of a county board of
supervisors, in any county of over 20,000 square miles in area and
2,855 miles of maintained county roads, to apply to the Department of
Motor Vehicles for regular series license plates for that vehicle,
as specified.
   This bill would revise that authorization to make it applicable to
any county of over 20,000 square miles.
   (15) Existing law authorizes the Department of Motor Vehicles to
hold driver's license suspension or revocation hearings upon demand
and requires the department to issue subpoenas at the request of any
party before commencing the hearing.
   This bill would authorize the subpoenas to be served by
first-class mail.
   The bill would authorize hearing decisions to be modified at any
time after issuance to correct mistakes or clerical errors.
   (16) Existing law imposes certain sanctions on drivers of
commercial motor vehicles for specified violations of law.
   This bill would prohibit any driver from operating a commercial
motor vehicle for a period of 60 days if the Department of Motor
Vehicles determines, after a hearing, that the person falsified
information on his or her application for a driver's license in
violation of federal regulation.
   The bill would prohibit any driver from operating a commercial
motor vehicle for a period of 90 days if the person is convicted of a
first violation of an out-of-service order, as specified.  The bill
would provide for additional sanctions for subsequent violations.
   The bill would authorize the department to suspend, revoke, or
cancel the privilege of any person to operate a commercial motor
vehicle, as specified, upon receipt of a duly certified abstract of
the record of any court that the person has been convicted of certain
offenses.
   The bill would include certain provisions prohibiting evading a
pursuing peace officer to a list of offenses requiring a suspension
or revocation of the privilege to operate a commercial motor vehicle.

   (17) Existing law requires the driver of an overtaken vehicle to
give way in favor of the overtaking vehicle on audible signal or the
momentary flash of headlights by the overtaking vehicle.
   This would specify that the driver of the overtaken vehicle is not
required to drive on the shoulder of the highway in order to allow
the overtaking vehicle to pass.
   (18) Existing law makes it an infraction for any person to drive a
vehicle upon a highway with certain established speed limits at a
speed greater than those limits, to drive a vehicle upon a highway at
a speed greater than 65 miles per hour, and to drive certain
vehicles upon a highway at a speed greater than 55 miles per hour.
   This bill would make it a misdemeanor for any person to operate a
commercial motor vehicle, as defined, upon a highway at a speed
exceeding a maximum speed limit established under the Vehicle Code by
15 miles per hour or more.  The bill would make a violation of this
provision subject to certain sanctions relating to drivers of
commercial motor vehicles.  The bill would impose a state-mandated
local program by creating a new crime.
   (19) Existing law sets forth provisions governing sentencing for
persons convicted of driving while under the influence of an
alcoholic beverage or drug (DUI) in a water vessel, and specifies
that for these purposes certain offenses shall be a separate
violation of a DUI offense.
   This bill would add specified sanction provisions of the Vehicle
Code to these provisions.
   (20) Existing law requires every towed vehicle to be coupled to
the towing vehicle or tow truck by specified means.
   This bill would require 2 safety chains in addition to the primary
restraining system when a towed vehicle is coupled to a tow truck.
   The bill would also require vehicles being transported on a slide
back carrier or conventional trailer to be secured in a specified
manner.
   Because a violation of the Vehicle Code under existing law is a
crime, this bill would expand that crime, thereby imposing a
state-mandated local program.
   (21) Existing law requires every motor carrier of property, as
defined, to provide adequate protection against liability for the
payment of damages in certain amounts, except as specified.  The
operator of a for-hire tow truck who meets this requirement is
authorized to perform emergency moves at the direction of a peace
officer irrespective of the load carried aboard the vehicle being
moved.
   This bill would define "emergency move" for purposes of existing
law and would specify that any transportation of property by an
operator of an operator of a for-hire tow truck that is not an
emergency move is subject to the provision in existing law requiring
protection against liability, including a requirement that the
for-hire tow truck operator have a level of liability protection that
is adequate for the commodity being transported by the towed vehicle
or combination of vehicles.
   (22) Existing law requires motor carriers and drivers to comply
with the controlled substance and alcohol use and testing
requirements of federal law.
   This bill would include transportation requirements of federal law
and would require transit agencies receiving certain federal
financial assistance to comply with the controlled substance and
alcohol use and testing requirements under federal law.  Because a
violation of these requirements is a crime, this bill would impose a
state-mandated local program by expanding the scope of that crime.
   (23) Existing federal regulations authorize special agents of the
Federal Highway Administration to perform inspections of commercial
motor vehicles and declare and mark those vehicles as "out of service"
under certain circumstances.
   This bill would make it a misdemeanor for any employer to violate
an out-of-service order that complies with those federal regulations
or knowingly require or permit a driver to violate or fail to comply
with that out-of-service order.  The bill would impose a
state-mandated local program by creating a new crime.
   (24) Existing law authorizes the arresting officer to either give
a person 10 day's notice to appear in court or take the person before
a magistrate when the person is arrested for certain listed
offenses.
   This bill would expand the specified list of offenses to include a
violation of an out-of-service order, as specified.
   (25) Existing law authorizes a court to order a person issued a
notice to appear for a traffic violation to attend a traffic violator
school, in lieu of adjudicating the offense.
   This bill would prohibit a court from ordering a person to attend
traffic violator school in lieu of adjudicating an offense if the
notice to appear was for a serious traffic violation, as defined,
that occurred in a commercial motor vehicle.
   (26) Existing law limits buses and motorcoaches to a width of 102
inches with an exception for certain vehicles up to 104 inches.
   This bill would, until January 1, 2002, authorize a width
exemption up to 106 inches to accommodate ski equipment as
prescribed.  This bill would impose prescribed requirements with
respect to the operation of the motor coaches and buses.  Because of
the violation of these provisions would be an infraction, the bill
would create a new crime and thus impose a state-mandated local
program.  The bill would also require the Department of the
California Highway Patrol in consultation with the Department of
Transportation, to conduct a study on the operation of those
vehicles.
   (27) Chapter 1159 of the Statutes of 1993, among other things,
appropriated the sum of $500,000 to the Department of Transportation
for allocation to the City of Coronado for an automatic vehicle
identification system on the San Diego-Coronado Bridge.
   This bill would reappropriate that amount to the department for
that purpose.
   (28) The bill would make various technical, clarifying changes in
existing law.
  (29) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14076.2 of the Government Code is amended to
read:
   14076.2.  (a) There is hereby created the Capitol Corridor Joint
Powers Board, subject to being organized pursuant to subdivision (b).
  The board shall be composed of not more than the following 16
members:
   (1) Six members of the San Francisco Bay Area Rapid Transit
District Board of Directors, appointed by the board of directors of
that district, as follows:
   (A) Two who are residents of Alameda County.
   (B) Two who are residents of Contra Costa County.
   (C) Two who are residents of the City and County of San Francisco.

   (2) Two members of the Board of Directors of the Sacramento
Regional Transit District, appointed by the board of directors of
that district.
   (3) Two members of the Board of Directors of the Santa Clara
Valley Transportation Authority, appointed by the board of directors
of that authority.
   (4) Two members of the county congestion management agency for the
County of Yolo, appointed by that agency.
   (5) Two members of the county congestion management agency for the
County of Solano, appointed by that agency.
   (6) Two members of the Placer County Transportation Planning
Agency, appointed by that agency.
   (b) The board shall be organized when at least two of the
jurisdictions described in paragraphs (1) to (6), inclusive, of
subdivision (a) elect to appoint members to serve on the board.  Only
those jurisdictions that appoint members to serve on the board prior
to December 31, 1996, shall be member-agencies of the board.
  SEC. 2.  Section 14451 of the Government Code is repealed.
  SEC. 3.  The heading of Article 16 (commencing with Section 20300)
of Chapter 1 of Part 3 of Division 2 of the Public Contract Code is
amended to read:

      Article 16.  Santa Clara Valley Transportation Authority

  SEC. 4.  Section 20300 of the Public Contract Code is amended to
read:
   20300.  The provisions of this article apply to contracts by the
Santa Clara Valley Transportation Authority, as provided for in Part
12 (commencing with Section 100000) of Division 10 of the Public
Utilities Code.
  SEC. 5.  The heading of Part 12 (commencing with Section 100000) of
Division 10 of the Public Utilities Code is amended to read:

      PART 12.  SANTA CLARA VALLEY TRANSPORTATION AUTHORITY

  SEC. 6.  Section 28748.8 of the Public Utilities Code is amended to
read:
   28748.8.  (a) The board may by ordinance or resolution provide
that each director shall be paid a sum that shall not exceed one
thousand dollars ($1,000) for each calendar month that he or she
serves as a director.
   (b) The ordinance or resolution to authorize a monthly stipend
pursuant to subdivision (a), in lieu of per-meeting compensation,
shall include a requirement that a member can receive a monthly
stipend for a given month only if he or she attends all scheduled and
noticed regular board meetings for that month.  For those members
meeting this attendance requirement, the amount of one hundred
dollars ($100) shall be deducted form the stipend for failure to
attend each meeting of a committee on which he or she serves that
month.  In any month that a member fails to meet these attendance
requirements, that member may be compensated at the rate of one
hundred dollars ($100) per board or committee meeting attended, not
to exceed five hundred dollars ($500) for that month.
   (c) For the purpose of this section, a member who misses a
scheduled and noticed meeting of the board or a committee while
attending to official district business pursuant to authorization
shall be construed as having attended the meeting.
   (d) The ordinance or resolution may provide for not more than two
excused absences during a calendar year without disqualifying the
member for a monthly stipend.
   (e) In addition to the compensation otherwise provided for in this
section, each director may be allowed necessary traveling and
personal expenses incurred solely as a result of the performance of
his or her duties, in amounts as may be authorized by the board.
  SEC. 7.  Section 100000 of the Public Utilities Code is amended to
read:
   100000.  This part shall be known and may be cited as the "Santa
Clara Valley Transportation Authority Act."
  SEC. 8.  Section 100002 is added to the Public Utilities Code, to
read:
   100002.  The Santa Clara County Transit District is renamed the
Santa Clara Valley Transportation Authority.  Any reference in this
part, or in any other provision of law or regulation, to the Santa
Clara County Transit District shall be deemed to refer to the Santa
Clara Valley Transportation Authority.  Nothing in the act that added
this section alters, impairs, or terminates the district's status as
a transit district, and as an ongoing legal entity, or any of its
legal obligations.
  SEC. 9.  Section 100011 of the Public Utilities Code is amended to
read:
   100011.  "Authority," "district," or "VTA" means the Santa Clara
Valley Transportation Authority.
  SEC. 10.  Section 103113 of the Public Utilities Code is amended to
read:
   103113.  Each member of the board shall receive compensation, as
determined by the board, in an amount not to exceed one hundred
dollars ($100) for attending each meeting of the board and each
committee meeting, but not to exceed four hundred dollars ($400) in
any month, and shall receive his or her actual necessary expenses
incurred in the performance of his or her duty.
  SEC. 11.  Section 131268 of the Public Utilities Code is amended to
read:
   131268.  Each member of a county transportation authority shall be
compensated at the rate of one hundred dollars ($100) for each day
attending the business of the authority, but not to exceed four
hundred dollars ($400) in any month, and necessary traveling and
personal expenses incurred in the performance of his or her duties as
authorized by the county transportation authority.
  SEC. 12.  Section 8503 of the Revenue and Taxation Code is amended
to read:
   8503.  (a) Prior to imposing the tax, the commission shall adopt a
regional transportation expenditure plan for the revenues derived
from the tax.  The regional transportation expenditure plan shall
describe specific proposed transportation projects and the estimated
cost of each project.
   (b) The regional transportation expenditure plan shall also meet
the following minimum objectives and criteria:
   (1) Project expenditures shall reflect an equitable distribution
of revenues throughout the region with not less than 95 percent of
revenues from each county, based on population, being invested over
the 20-year life of the tax in projects attributable to that county.
In addition, during every five-year period, no less than 80 percent
of the revenues from each county, based on population, invested
during that period shall be invested in projects attributable to that
county.  The commission shall allocate any accrued interest
according to the same formula.  At the time of the development of the
expenditure plan, the commission shall use population data from the
most recent United States census, and shall take into account
estimated increases in population over the 20-year period projected
by the Association of Bay Area Governments.
   (2) Projects included in the expenditure plan shall be consistent
with the commission's regional transportation plan, a congestion
management program, or a countywide transportation plan.  The
commission shall, in prioritizing projects in the expenditure plan,
give additional consideration to projects where local land use
policies reduce dependence on single-occupant motor vehicle travel.
The expenditure plan development process shall include consultation
with cities, counties, transit operators, congestion management
agencies, and other interested groups.
   (3) Cost estimates for each project shall be prepared by the
commission, in consultation with project sponsors, and verified by an
independent cost-estimating firm retained by the commission for that
purpose.  Estimates of other funding required to complete any
project shall be based on an estimate of funds reasonably expected to
be available during the 20-year period commencing with the year that
the tax is initially imposed.
   (4) To be eligible for inclusion in the expenditure plan, a
project shall meet at least one of the following regional
transportation needs:
   (A) Fund maintenance and rehabilitation of local streets and
roads, sidewalks, or bicycle routes, or close a gap in the local
street and road system.
   (B) Fund capital or operating expenses of public transit systems.

   (C) Fund rail extension projects in the commission's Resolution
1876, Tier I funding plan, dated February 26, 1992, as contained in
the commission's regional transportation plan.
   (D) Provide an alternative to single occupancy automobile travel.

   (E) Improve safety on specific roadway segments where accident or
fatality rates exceed the expected rate for those segments over a
multiyear timeframe, including, but not limited to, expansion or
realignment of the roadway.
   (F) Improve the operational efficiency of the existing roadway
system without a physical expansion of the system.  However,
expansion projects to reconfigure existing interchanges are eligible
for inclusion in the plan.
   (G) Fund implementation of the requirements of the federal
Americans with Disabilities Act of 1990 (P.L. 101-336), or those
requirements as revised, on public transit systems and other
transportation-related facilities.
   (H) Fund seismic retrofitting of transportation facilities.
   (I) Fund intermodal freight or passenger facilities.
   (J) Fund transportation enhancement activities, as defined in
subsection (a) of Section 101 of Title 23 of the United States Code.

   (K) Defray interest costs and other expenses associated with the
issuance of revenue bonds or revenue anticipation notes.
   (5) If not otherwise available, sufficient funding shall be
included in the cost estimates and expenditure plan presented to the
voters to operate and maintain each included project for the duration
of the tax.
  SEC. 13.  Section 8504 of the Revenue and Taxation Code is amended
to read:
   8504.  (a) Following the adoption by the commission of a regional
transportation expenditure plan, the board of supervisors of each
county and city and county in the region shall, upon the request of
the commission, submit to the voters at a local election consolidated
with a statewide primary or general election specified by the
commission, a measure, adopted by the commission, authorizing the
commission to impose the tax throughout the region.
   (b) The measure may not be grouped with state or local measures on
the ballot, but shall be set forth in a separate category and shall
be identified as Regional Measure 2.
   (c) Regardless of the system of voting used, the wording of the
measure shall read as follows:
   "Shall The Metropolitan Transportation Commission be authorized to
impose a tax of ____ per gallon on the sale of gasoline to build and
operate transportation projects identified in the expenditure plan
adopted by the commission?"
   (d) The commission shall reimburse each county and city and county
in the region for the cost of submitting the measure to the voters.
These costs shall be reimbursed from revenues derived from the tax
if the measure is approved by the voters or, if the measure is not
approved, from any funds of the commission that are available for
general transportation planning.
   (e) The board of supervisors of a county or city and county may
elect not to submit the measure adopted by the commission to the
voters if it submits an alternative countywide transportation funding
measure to the voters at the same election.
  SEC. 14.  Section 10753 of the Revenue and Taxation Code, as
amended by Section 139 of Chapter 17 of the Statutes of 1997, is
amended to read:
   10753.  (a) Upon the first sale of a new vehicle to a consumer and
upon each sale of a used vehicle to a consumer, the department shall
determine the market value of the vehicle on the basis of the cost
price to the purchaser as evidenced by a certificate of cost, but not
including California sales or use tax or any local sales,
transactions, use, or other local tax. "Cost price" includes the
value of any modifications made by the seller.
   (b) Notwithstanding subdivision (a), the department shall not
redetermine the market value of used vehicles, or modify the vehicle
license fee classification of used vehicles determined pursuant to
Section 10753.1 or 10753.2, when the seller is the parent,
grandparent, child, grandchild, or spouse of the purchaser, and the
seller is not engaged in the business of selling vehicles subject to
registration under the Vehicle Code, or when a lessor, as defined in
Section 372 of the Vehicle Code, transfers title and registration of
a vehicle to the lessee at the expiration or termination of a lease.

   (c) (1) In the event any commercial vehicle is modified or
additions are made to the chassis or body at a cost of two thousand
dollars ($2,000) or more, but not including any change of engine of
the same type or any cost of repairs to a commercial vehicle, the
owner of the commercial vehicle shall report any modification or
addition to the department and the department shall classify or
reclassify the commercial vehicle in its proper class as provided in
Section 10753.1 or 10753.2, taking into consideration the increase in
the market value of the commercial vehicle due to those
modifications or additions, and any reclassification resulting in
increase in market value shall be based on the cost to the consumer
of those modifications or additions.  In the event any vehicle is
modified or altered resulting in a decrease in the market value
thereof of two hundred dollars ($200) or more as reported to and
determined by the department, the department shall classify or
reclassify the vehicle in its proper class as provided in Section
10753.1 or 10753.2.
   (2) Paragraph (1) does not apply under any of the following
conditions:
   (A) When the cost of any modification or addition to the chassis
or body of a commercial vehicle is less than two thousand dollars
($2,000).
   (B) When the cost is for modifications or additions necessary to
incorporate a system approved by the State Air Resources Board as
meeting the emission standards set forth in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975.
   (C) When the cost is for modifications that are necessary to
enable a disabled person to use or operate the vehicle.
   (3) For purposes of this subdivision, "commercial vehicle" means a
"commercial vehicle," as defined in Section 260 of the Vehicle Code,
that is regulated by the Department of the Highway Patrol pursuant
to Sections 2813 and 34500 of the Vehicle Code.
   (d) This section also applies to a system as specified in
subdivision (c) that is approved by the State Air Resources Board as
meeting the emission standards specified in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975, for vehicles 6,001
pounds or less, manufacturer's gross vehicle weight, controlled to
meet exhaust emission standards when sold new, when that system is
used in any vehicle over 6,001 pounds or any vehicle 6,001 pounds or
less not controlled to meet exhaust emission standards.
   (e) The temporary attachment of any camper, as defined in Section
243 of the Vehicle Code, to a vehicle is not a modification or
addition for the purposes of subdivision (c).
   (f) The attachment to a vehicle of radiotelephone equipment
furnished by a telephone corporation, as defined in Section 234 of
the Public Utilities Code, is not a modification or addition for the
purpose of subdivision (c), when that equipment is not owned by the
owner of the vehicle.
   (g) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2001, deletes or extends
that date.
  SEC. 15.  Section 10753 of the Revenue and Taxation Code, as
amended by Section 140 of Chapter 17 of the Statutes of 1997, is
amended to read:
   10753.  (a) Upon the first sale of a new vehicle to a consumer and
upon each sale of a used vehicle to a consumer, the department shall
determine the market value of the vehicle on the basis of the cost
price to the purchaser as evidenced by a certificate of cost, but not
including California sales or use tax or any local sales,
transactions, use, or other local tax.  "Cost price" includes the
value of any modifications made by the seller.
   (b) Notwithstanding subdivision (a), the department shall not
redetermine the market value of used vehicles, or modify the vehicle
license fee classification of used vehicles determined pursuant to
Section 10753.1 or 10753.2, when the seller is the parent,
grandparent, child, grandchild, or spouse of the purchaser, and the
seller is not engaged in the business of selling vehicles subject to
registration under the Vehicle Code, or when a lessor, as defined in
Section 372 of the Vehicle Code, transfers title and registration of
a vehicle to the lessee at the expiration or termination of a lease.

   (c) (1) In the event any vehicle is modified or additions are made
to the chassis or body at a cost of two hundred dollars ($200) or
more, but not including any change of engine of the same type or any
cost of repairs to a vehicle, the owner of the vehicle shall report
any modification or addition to the department and the department
shall classify or reclassify the vehicle in its proper class as
provided in Section 10753.1 or 10753.2, taking into consideration the
increase in the market value of the vehicle due to those
modifications or additions, and any reclassification resulting in
increase in market value shall be based on the cost to the consumer
of those modifications or additions.  In the event any vehicle is
modified or altered resulting in a decrease in the market value
thereof of two hundred dollars ($200) or more as reported to and
determined by the department, the department shall classify or
reclassify the vehicle in its proper class as provided in Section
10753.1 or 10753.2.
   (2) Paragraph (1) does not apply to any of the following:
   (A) When the cost of any modification or addition to the chassis
or body of a vehicle is less than two hundred dollars ($200).
   (B) When the cost is for modifications or additions necessary to
incorporate a system approved by the State Air Resources Board as
meeting the emission standards set forth in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975.
   (C) When the cost is for modifications that are necessary to
enable a disabled person to use or operate the vehicle.
   (d) This section also applies to a system as specified in
subdivision (c) that is approved by the State Air Resources Board as
meeting the emission standards specified in subdivisions (a) and (b)
of former Section 39102 and former Section 39102.5 of the Health and
Safety Code as they read on December 31, 1975, for vehicles 6,001
pounds or less, manufacturer's gross vehicle weight, controlled to
meet exhaust emission standards when sold new, when that system is
used in any vehicle over 6,001 pounds or any vehicle 6,001 pounds or
less not controlled to meet exhaust emission standards.
   (e) The temporary attachment of any camper, as defined in Section
243 of the Vehicle Code, to a vehicle is not a modification or
addition for the purposes of subdivision (c).
   (f) The attachment to a vehicle of radiotelephone equipment
furnished by a telephone corporation, as defined in Section 234 of
the Public Utilities Code, is not a modification or addition for the
purpose of subdivision (c), when that equipment is not owned by the
owner of the vehicle.
   (g) This section shall become operative on January 1, 2001.
  SEC. 15.5.  Section 104.18 of the Streets and Highways Code is
amended to read:
   104.18.  (a) Real property in the City of San Diego between 17th
Street and the west side of Route 5 between the southbound onramp and
the offramp near J Street, which was acquired for highway purposes
and which is not excess property, may be leased by the department to
a city, county, or other political subdivision or another state
agency for emergency shelter, feeding program purposes, or for the
establishment of a day care center for children.
   (b) The lease shall be for one dollar ($1) per month.  The lease
amount may be paid in advance of the term covered in order to reduce
the administrative costs associated with the payment of the monthly
rental fee.  The lease shall require the payment of an administrative
fee not to exceed five hundred dollars ($500) per year, unless the
department determines that a higher administrative fee is necessary,
for the department's cost of administering the lease.
   (c) The Legislature finds and declares that the lease of real
property pursuant to this section serves a public purpose.
  SEC. 16.  Section 253.1 of the Streets and Highways Code is amended
to read:
   253.1.  The California freeway and expressway system shall
include:
   Routes 5, 6, 7, 8, 10, 11, 14, 15, 18, 24, 28, 32, 34, 37, 40, 44,
47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 63, 65, 67, 68,
70, 71, 73, 74, 78, 80, 81, 83, 85, 87, 88, 89, 90, 93, 97, 100, 102,
103, 105, 107, 108, 118, 121, 122, 124, 125, 126, 134, 136, 139,
140, 145, 148, 149, 154, 156, 161, 163, 164, 179, 181, 183, 184, 199,
205, 210, 215, 217, 221, 223, 230, 232, 234, 235, 237, 238, 239,
241, 242, 247, 249, 251, 257, 258, 259, 261, 280, 330, 371, 380, 405,
505, 580, 605, 680, 710, 780, 805, 880, and 980 in their entirety.

  SEC. 17.  Section 253.7 of the Streets and Highways Code is amended
to read:
   253.7.  The California freeway and expressway system shall also
include:
   Route 133 from Route 73 to Route 241.
   Route 137 from Route 99 near Tulare to Route 65 near Lindsay.
   Route 138 from Route 5 near Gorman to Route 15 near Cajon Pass.
   Route 142 from Route 71 near Chino to Route 210 near Upland.
   Route 152 from Route 101 to Route 65 near Sharon via Pacheco Pass.

   Route 160 from:
   (a) Route 4 near Antioch to Route 12 near Rio Vista.
   (b) Sacramento to Route 51.
   Route 166 from:
   (a) Route 101 near Santa Maria to Route 33 in Cuyama Valley.
   (b) Route 33 near Maricopa to Route 5.
   Route 168 from Fresno to Huntington Lake.
   Route 170 from:
   (a) Los Angeles International Airport to Route 90.
   (b) Route 101 near Riverside Drive to Route 5 near Tujunga Wash.
   Route 178 from:
   (a) Bakersfield to Route 14 near Freeman.
   (b) Route 14 near Freeman to the vicinity of the San Bernardino
county line.
   Route 180 from:
   (a) Route 25 near Paicines to Route 5.
   (b) Route 5 to Route 99 passing near Mendota.
   (c) Route 99 near Fresno to General Grant Grove section of Kings
Canyon National Park.
   Route 190 from Route 136 near Keeler to Route 127 near Death
Valley Junction.
   Route 193 from Route 65 near Lincoln to Route 80 near Newcastle.
   Route 198 from Route 5 near Oilfields to the Sequoia National Park
line.
  SEC. 18.  Section 318 of the Streets and Highways Code is amended
to read:
   318.  Route 18 is from:
   (a) Route 10 near San Bernardino to Route 210.
   (b) Route 210 near San Bernardino to Route 15 in Victorville via
Big Bear Lake.
   (c) Route 15 near Victorville to Route 138 near Pearblossom.
  SEC. 19.  Section 344 of the Streets and Highways Code is amended
to read:
   344.  Route 44 is from Route 299 at Redding to Route 36 west of
Susanville, via the vicinity of Lassen Volcanic National Park.
  SEC. 20.  Section 366 of the Streets and Highways Code is amended
to read:
   366.  Route 66 is from Route 210 near San Dimas to Route 215 in
San Bernardino.
  SEC. 21.  Section 383 of the Streets and Highways Code is amended
to read:
   383.  Route 83 is from Route 71 to Route 210 near Upland.
  SEC. 22.  Section 391.3 is added to the Streets and Highways Code,
to read:
   391.3.  Upon a determination by the commission that it is in the
best interests of the state to do so, the commission may, upon terms
and conditions approved by it, relinquish a portion of Route 91
between State Route 107 and State Route 1 to the Cities of Hermosa
Beach, Lawndale, Manhattan Beach, and Redondo Beach in which that
portion of the highway is located, if the cities agree to accept it.
The relinquishment shall be effective on the day immediately
following the commission's approval of the terms and conditions.
  SEC. 23.  Section 442 of the Streets and Highways Code is amended
to read:
   442.  Route 142 is from:
   (a) Route 90 near Brea to Route 71 near Chino.
   (b) Route 71 near Chino to Route 210 near Upland.
  SEC. 24.  Section 559 of the Streets and Highways Code is amended
to read:
   559.  Route 259 is from Route 215 to Route 210 in San Bernardino.

  SEC. 25.  Section 574 of the Streets and Highways Code is repealed.

  SEC. 26.  Section 630 of the Streets and Highways Code is amended
and renumbered to read:
   603.  Route 330 is from Route 210 near Highland northeasterly to
Route 18.
  SEC. 27.  Section 635 of the Streets and Highways Code is amended
to read:
   635.  (a) State Highway Route 1 from Las Cruces to San Francisco
shall be known and designated as the "Cabrillo Highway."
   (b) State highway routes embracing portions of Routes 280, 82,
237, 101, 5, and 72, and connecting city streets and county roads
thereto, and extending in a continuous route from San Francisco
southerly to the international border and near the route historically
known as El Camino Real shall be known and designated as "El Camino
Real."
   (c) State Highway Route 1 from south of San Juan Capistrano to
near El Rio shall be known and designated as the "Pacific Coast
Highway."
  SEC. 28.  Section 2104 of the Streets and Highways Code is amended
to read:
   2104.  A sum equal to the net revenue derived from a per gallon
tax of 2.035 cents ($0.02035) under the Motor Vehicle Fuel License
Tax Law (Part 2 (commencing with Section 7301) of Division.  2), 1.80
cents ($0.0180) under the Use Fuel Tax Law (Part 3 (commencing with
Section 8601) of Division 2), and 1.80 cents ($0.0180) under the
Diesel Fuel Tax Law (Part 31 (commencing with Section 60001) of
Division 2) of the Revenue and
    Taxation Code, shall be apportioned among the counties, as
follows:
   (a) Each county shall be paid one thousand six hundred sixty-seven
dollars ($1,667) during each calendar month, which amount shall be
expended exclusively for engineering costs and administrative
expenses with respect to county roads.
   (b) A sum equal to the total of all reimbursable snow removal or
snow grooming, or both, costs filed pursuant to subdivision (d) of
Section 2152, or seven million dollars ($7,000,000), whichever is
less, shall be apportioned in 12 approximately equal monthly
apportionments for snow removal or snow grooming, or both, on county
roads, as provided in Section 2110.
   (c) A sum equal to five hundred thousand dollars ($500,000) shall
be apportioned in 12 approximately equal monthly apportionments, as
provided in Section 2110.5.
   (d) Seventy-five percent of the funds payable under this section
shall be apportioned among the counties monthly in the respective
proportions that the number of fee-paid and exempt vehicles which are
registered in each county bears to the total number of fee-paid and
exempt vehicles registered in the state.
   For purposes of apportionment under this subdivision, the
Department of Motor Vehicles shall, as soon as possible after the
last day of each calendar month, furnish to the Controller a verified
statement showing the number of fee-paid and exempt vehicles which
are registered in each county and in the state as of the last day of
each calendar month as reflected by the records of the Department of
Motor Vehicles.
   (e) Of the remaining money payable, there shall be paid to each
eligible county an amount that is computed monthly as follows:  The
number of miles of maintained county roads in each county shall be
multiplied by sixty dollars ($60); from the resultant amount, there
shall be deducted the amount received by each county under
subdivision (d) and the remainder, if any, shall be paid to each
county.
   (f) The remaining money payable, after the foregoing
apportionments, shall be apportioned among the counties in the same
proportion as the money referred to in subdivision (d).
  SEC. 29.  Section 407.5 is added to the Vehicle Code, to read:
   407.5.  (a) A "motorized scooter" is any two-wheeled device that
has handlebars, is designed to be stood or sat upon by the operator,
and is powered by an electric motor that is capable of propelling the
device with or without human propulsion.  For purposes of this
section, a motorcycle, as defined in Section 400, a motor-driven
cycle, as defined in Section 405, a motorized bicycle or moped, as
defined in Section 406, or a toy, as defined in Section 108550 of the
Health and Safety Code, is not a motorized scooter.
   (b) A device meeting the definition in subdivision (a) that is
powered by a source other than electrical power is also a motorized
scooter.
   (c) (1) Every manufacturer of motorized scooters shall provide a
disclosure to buyers that advises buyers that their existing
insurance policies may not provide coverage for these scooters and
that they should contact their insurance company or insurance agent
to determine if coverage is provided.
   (2) The disclosure required under paragraph (1) shall meet both of
the following requirements:
   (A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
   (B) The disclosure shall include the following language in capital
letters:
      "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS SCOOTER.  TO DETERMINE IF COVERAGE IS
PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."

  SEC. 29.5.  Section 2800 of the Vehicle Code is amended to read:
   2800.  (a) It is unlawful to willfully fail or refuse to comply
with any lawful order, signal, or direction of any peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, when that peace officer is in uniform and
is performing duties under any of the provisions of this code, or to
refuse to submit to any lawful inspection under this code.
   (b) Except as authorized under Section 24004, it is unlawful to
fail or refuse to comply with any lawful out-of-service order issued
by any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, when that peace
officer is in uniform and is performing duties under any provision of
this code and the out-of-service order complies with Sections 395.13
and 396.9 of Title 49 of the Code of Federal Regulations.
  SEC. 30.  Section 4604.5 of the Vehicle Code is amended to read:
   4604.5.  (a) If the vehicle has not been operated, moved, or left
standing upon any highway subsequent to the expiration of the vehicle'
s registration, the certification specified in Section 4604 or 4604.2
may be filed after the expiration of the registration of a vehicle,
but not later than 90 days after the expiration date, subject to the
payment of the filing fee specified in Section 4604 and the penalty
specified in subdivision (b).
   (b) A penalty shall be collected on any certification specified in
Section 4604 or 4604.2 filed later than midnight of the date of
expiration of registration.  The penalty shall be computed as
provided in Sections 9406 and 9559 and after the registration and
weight fees have been combined with the license fee specified in
Section 10751 of the Revenue and Taxation Code, as follows:
   (1) For a delinquency period of 10 days or less, the penalty is 10
percent of the fee.
   (2) For a delinquency period of more than 10 days, to and
including 30 days, the penalty is 20 percent of the fee.
   (3) For a delinquency period of more than 30 days, to and
including 90 days, the penalty is 60 percent of the fee.
  SEC. 30.5.  Section 5002.7 of the Vehicle Code is amended to read:

   5002.7.  (a) For any county of over 20,000 square miles in area,
any member of the county board of supervisors who is regularly issued
a county-owned vehicle may apply to the department for regular
series license plates for that vehicle, if a request for that
issuance is also made by the county board of supervisors.  The
application and the request shall be in the manner specified by the
department.
   (b) Regular series license plates issued pursuant to subdivision
(a) shall be surrendered to the department by the board member or
administrative officer, as applicable, upon the reassignment of a
vehicle, for which those plates have been issued, to a person other
than the person who requested those plates.
  SEC. 31.  Section 13102 of the Vehicle Code is amended to read:
   13102.  When used in reference to a driver's license, "suspension"
means that the person's privilege to drive a motor vehicle is
temporarily withdrawn.  The department may, before terminating any
suspension based upon a physical or mental condition of the licensee,
require such examination of the licensee as deemed appropriate in
relation to evidence of any condition which may affect the ability of
the licensee to safely operate a motor vehicle.
  SEC. 32.  Section 14104.5 of the Vehicle Code is amended to read:
   14104.5.  (a) Before a hearing has commenced, the department, or
the hearing officer or hearing board, shall issue subpoenas or
subpoenas duces tecum, or both, at the request of any party, for
attendance or production of documents at the hearing.  After the
hearing has commenced, the department, if it is hearing the case, or
the hearing officer sitting alone, or the hearing board, may issue
subpoenas or subpoenas duces tecum, or both.
   (b) Notwithstanding Section 11450.20 of the Government Code,
subpoenas and subpoenas duces tecum issued in conjunction with the
hearings may be served by first-class mail.
  SEC. 33.  Section 14105 of the Vehicle Code is amended to read:
   14105.  (a) Upon the conclusion of a hearing, the hearing officer
or hearing board shall make findings and render a decision on behalf
of the department and shall notify the person involved.  Notice of
the decision shall include a statement of the person's right to a
review.  The decision shall take effect as stated in the notice, but
not less than four nor more than 15 days after the notice is mailed.

   (b) The decision may be modified at any time after issuance to
correct mistakes or clerical errors.
  SEC. 34.  Section 14105.5 of the Vehicle Code is amended to read:
   14105.5.  (a) The person subject to a hearing may request a review
of the decision taken under Section 14105 within 15 days of the
effective date of the decision.
   (b) On receipt of a request for review, the department shall stay
the action pending a decision on review, unless the hearing followed
an action pursuant to Section 13353, 13353.2, or 13953.  The review
shall include an examination of the hearing report, documentary
evidence, and findings.  The hearing officer or hearing board
conducting the original hearing may not participate in the review
process.
   (c) Following the review, a written notice of the department's
decision shall be mailed to the person involved.  If the action has
been stayed pending review, the department's decision shall take
effect as stated in the notice, but not less than four nor more than
15 days after the notice is mailed.
   (d) The decision may be modified at any time after issuance to
correct mistakes or clerical errors.
  SEC. 35.  Section 15300 of the Vehicle Code is amended to read:
   15300.  (a) No driver of a commercial motor vehicle may operate a
commercial motor vehicle for a period of one year if the driver is
convicted of a first violation of any of the following:
   (1) Driving a commercial motor vehicle while under the influence
of alcohol or a controlled substance.
   (2) Leaving the scene of an accident involving a commercial motor
vehicle operated by the driver.
   (3) A violation of Section 2800.1, 2800.2, or 2800.3 that involves
a commercial motor vehicle.
   (b) If any of the above violations, or a violation listed in
paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or
13357, occurred while transporting a hazardous material, the period
specified in subdivision (a) shall be three years.
  SEC. 35.2.  Section 15302 of the Vehicle Code is amended to read:
   15302.  No driver of a commercial motor vehicle may operate a
commercial motor vehicle for the rest of his or her life if convicted
of more than one violation of any of the following:
   (a) Driving a commercial motor vehicle while under the influence
of alcohol or a controlled substance.
   (b) Leaving the scene of an accident involving a commercial motor
vehicle operated by the driver.
   (c) Using a commercial motor vehicle in the commission of more
than one felony arising out of separate occasions of arrest or
citation.
   (d) A violation of Section 2800.1, 2800.2, or 2800.3 that involves
a commercial motor vehicle.
   (e) Any combination of the above violations.
  SEC. 35.4.  Section 15309 is added to the Vehicle Code, to read:
   15309.  In addition to any other action taken under this code, no
driver may operate a commercial motor vehicle for a period of 60 days
if the department determines, after a hearing, that the person
falsified information on his or her application for a driver's
license in violation of the standards set forth in subpart J of part
383 or Section 383.71(a) of Title 49 of the Code of Federal
Regulations.
  SEC. 36.  Section 15311 is added to the Vehicle Code, to read:
   15311.  (a) No driver may operate a commercial motor vehicle for a
period of 90 days if the person is convicted of a first violation of
an out-of-service order under subdivision (b) of Section 2800.
   (b) No  driver may operate a commercial motor vehicle for a period
of one year if the person is convicted of a second violation of an
out-of-service order under subdivision (b) of Section 2800 during any
10-year period, arising from separate incidents.
   (c) No driver may operate a commercial motor vehicle for a period
of three years if the person is convicted of a third or subsequent
violation of an out-of-service order under subdivision (b) of Section
2800 during any 10-year period, arising from separate incidents.
  SEC. 37.  Section 15320 is added to the Vehicle Code, to read:
   15320.  The department shall suspend, revoke, or cancel, the
privilege of any person to operate a commercial motor vehicle for the
periods specified in this article upon receipt of a duly certified
abstract of the record of any court that the person has been
convicted of any of the offenses set forth in this article.
  SEC. 38.  Section 21100.4 of the Vehicle Code is repealed.
  SEC. 40.  Section 21753 of the Vehicle Code is amended to read:
   21753.  Except when passing on the right is permitted, the driver
of an overtaken vehicle shall safely move to the right-hand side of
the highway in favor of the overtaking vehicle after an audible
signal or a momentary flash of headlights by the overtaking vehicle,
and shall not increase the speed of his or her vehicle until
completely passed by the overtaking vehicle.  This section does not
require the driver of an overtaken vehicle to drive on the shoulder
of the highway in order to allow the overtaking vehicle to pass.
  SEC. 41.  Section 22349 of the Vehicle Code is amended to read:
   22349.  (a) Except as provided in Section 22356, no person may
drive a vehicle upon a highway at a speed greater than 65 miles per
hour.
   (b) Notwithstanding any other provision of law, no person may
drive a vehicle upon a two-lane, undivided highway at a speed greater
than 55 miles per hour unless that highway, or portion thereof, has
been posted for a higher speed by the Department of Transportation or
appropriate local agency upon the basis of an engineering and
traffic survey.  For purposes of this subdivision, the following
apply:
   (1) A two-lane, undivided highway is a highway with not more than
one through lane of travel in each direction.
   (2) Passing lanes may not be considered when determining the
number of through lanes.
   (c) It is the intent of the Legislature that there be reasonable
signing on affected two-lane, undivided highways described in
subdivision (b) in continuing the 55 miles-per-hour speed limit,
including placing signs at county boundaries to the extent possible,
and at other appropriate locations.
  SEC. 42.  Section 22406 of the Vehicle Code is amended to read:
   22406.  (a) No person may drive any of the following vehicles on a
highway at a speed in excess of 55 miles per hour:
   (1) A motortruck or truck tractor having three or more axles or
any motortruck or truck tractor drawing any other vehicle.
   (2) A passenger vehicle or bus drawing any other vehicle.
   (3) A schoolbus transporting any school pupil.
   (4) A farm labor vehicle when transporting passengers.
   (5) A vehicle transporting explosives.
   (6) A trailer bus, as defined in Section 636.
   (b) Any person who operates a commercial motor vehicle, as defined
in Section 15210, upon a highway at a speed exceeding a maximum
speed limit established under this code by 15 miles per hour or more,
is guilty of a misdemeanor.  A violation of this subdivision shall
be considered a "serious traffic violation," as defined in
subdivision (i) of Section 15210, and shall be subject to the
sanctions provided under Section 15306 or 15308, in addition to any
other penalty provided by law.
  SEC. 43.  Section 23620 of the Vehicle Code is amended to read:
   23620.  (a) For the purposes of this division, Section 13352, and
Chapter 12 (commencing with Section 23100) of Division 11, a separate
offense that resulted in a conviction of a violation of subdivision
(f) of Section 655 of the Harbors and Navigation Code or of Section
191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the
Penal Code is a separate offense of a violation of Section 23153.
   (b) For the purposes of this division and Chapter 12 (commencing
with Section 23100) of Division 11, and Section 13352, a separate
offense that resulted in a conviction of a violation of subdivision
(b), (c), (d), or (e) of Section 655 of the Harbors and Navigation
Code is a separate violation of Section 23152.
  SEC. 44.  Section 29004 of the Vehicle Code is amended to read:
   29004.  (a) (1) Except as required under paragraph (2), every
towed vehicle shall be coupled to the towing vehicle or tow truck by
means of a safety chain, cable, or equivalent device in addition to
the regular drawbar, tongue, or other connection.
   (2) Any vehicle towed by a tow truck shall be coupled to the tow
truck by means of at least two safety chains in addition to the
primary restraining system.  The safety chains shall be securely
affixed to the truck frame, bed, or towing equipment, independent of
the towing sling, wheel lift, or under-reach towing equipment.
   (3) Any vehicle transported on a slide back carrier or
conventional trailer shall be secured by at least four tiedown
chains, straps, or an equivalent device, independent of the winch or
loading cable.  This paragraph shall not apply to vehicle bodies that
are being transported in compliance with Sections 1340 to 1344,
inclusive, of Title 13 of the California Code of Regulations.
   (4) Vehicles being towed by a licensed repossession agency
pursuant to subdivision (b) of Section 615 shall be exempt from the
multisafety chain requirement of paragraph (2) so long as the vehicle
is not towed more than one mile from the point of repossession and
is secured by one safety chain.
   (b) All safety connections and attachments shall be of sufficient
strength to control the towed vehicle in the event of failure of the
regular hitch, coupling device, drawbar, tongue, or other connection.
  All safety connections and attachments also shall have a positive
means of ensuring that the safety connection or attachment does not
become dislodged while in transit.
   (c) No more slack may be left in a safety chain, cable, or
equivalent device than is necessary to permit proper turning.  When a
drawbar is used as the towing connection, the safety chain, cable,
or equivalent device shall be connected to the towed and towing
vehicle and to the drawbar so as to prevent the drawbar from dropping
to the ground if the drawbar fails.
   (d) Subdivision (a) does not apply to a semitrailer having a
connecting device composed of a fifth wheel and kingpin assembly, nor
to a towed motor vehicle when steered by a person who holds a
license for the type of vehicle being towed.
   (e) For purposes of this section, "tow truck" includes an
automobile dismantler's tow vehicle, as defined in subdivision (c) of
Section 615.
   (f) This section shall not become operative if Senate Bill 378 of
the 1999-2000 Regular Session is enacted and becomes operative and
amends Section 615 of the Vehicle Code.
  SEC. 45.  Section 29004 of the Vehicle Code is amended to read:
   29004.  (a) (1) Except as required under paragraph (2), every
towed vehicle shall be coupled to the towing vehicle by means of a
safety chain, cable, or equivalent device in addition to the regular
drawbar, tongue or other connection.
   (2) Any vehicle towed by a tow truck shall be coupled to the tow
truck by means of at least two safety chains in addition to the
primary restraining system.  The safety chains shall be securely
affixed to the truck frame, bed, or towing equipment, independent of
the towing sling, wheel lift, or under-reach towing equipment.
   (3) Any vehicle transported on a slide back carrier or
conventional trailer shall be secured by at least four tiedown
chains, straps, or an equivalent device, independent of the winch or
loading cable.  This subdivision shall not apply to vehicle bodies
that are being transported in compliance with Sections 1340 to 1344,
inclusive, of Title 13 of the California Code of Regulations.
   (b) All safety connections and attachments shall be of sufficient
strength to control the towed vehicle in the event of failure of the
regular hitch, coupling device, drawbar, tongue, or other connection.
  All safety connections and attachments also shall have a positive
means of ensuring that the safety connection or attachment does not
become dislodged while in transit.
   (c) No more slack may be left in a safety chain, cable, or
equivalent device than is necessary to permit proper turning.  When a
drawbar is used as the towing connection, the safety chain, cable,
or equivalent device shall be connected to the towed and towing
vehicle and to the drawbar so as to prevent the drawbar from dropping
to the ground if the drawbar fails.
   (d) Subdivision (a) does not apply to a semitrailer having a
connecting device composed of a fifth wheel and kingpin assembly, and
it does not apply to a towed motor vehicle when steered by a person
who holds a license for the type of vehicle being towed.
   (e) For purposes of this section, a "tow truck" includes both of
the following:
   (1) A repossessor's tow vehicle, as defined in subdivision (b) of
Section 615.
   (2) An automobile dismantler's tow vehicle, as defined in
subdivision (c) of Section 615.
   (f) Vehicles towed by a repossessor's tow vehicle, as defined in
subdivision (b) of Section 615, are exempt from the multisafety chain
requirement of paragraph (2) of subdivision (a) so long as the
vehicle is not towed more than one mile from the point of
repossession and is secured by one safety chain.
   (g) This section shall become operative only if Senate Bill 378 of
the 1999-2000 Regular Session is enacted and becomes operative and
amends Section 615 of the Vehicle Code.
  SEC. 46.  Section 34500 of the Vehicle Code is amended to read:
   34500.  The department shall regulate the safe operation of the
following vehicles:
   (a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
   (b) Truck tractors.
   (c) Buses, schoolbuses, school pupil activity buses, youth buses,
and general public paratransit vehicles.
   (d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.

   (e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d).  This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
   (f) Any combination of a motortruck and any vehicle or vehicles
set forth in subdivision (e) that exceeds 40 feet in length when
coupled together.
   (g) Any truck, or any combination of a truck and any other
vehicle, transporting hazardous materials.
   (h) Manufactured homes which, when moved upon the highway, are
required to be moved under a permit as specified in Section 35780 or
35790.
   (i) A park trailer, as described in subdivision (b) of Section
18010 of the Health and Safety Code, which, when moved upon a
highway, is required to be moved under a permit pursuant to Section
35780.
   (j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Public
Utilities Commission or the Interstate Commerce Commission, but only
for matters relating to hours of service and logbooks of drivers.
   (k) Any commercial motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds or any commercial motor vehicle of
any gross vehicle weight rating towing any vehicle described in
subdivision (e) with a gross vehicle weight rating of more than
10,000 pounds, except combinations including camp trailers, trailer
coaches, or utility trailers.  For purposes of the subdivision, the
term "commercial motor vehicle" has the meaning defined in
subdivision (b) of Section 15210.
  SEC. 47.  Section 34520 of the Vehicle Code is amended to read:
   34520.  (a) Motor carriers and drivers shall comply with the
controlled substances and alcohol use, transportation, and testing
requirements of the United States Secretary of Transportation as set
forth in Part 382 (commencing with Section 382.101) of, and Sections
392.5(a)(1) and 392.5(a)(3) of, Title 49 of the Code of Federal
Regulations.
   (b) (1) Every motor carrier shall make available for inspection,
upon the request of an authorized employee of the department, copies
of all results and other records pertaining to controlled substances
and alcohol use and testing conducted pursuant to federal law, as
specified in subdivision (a), including those records contained in
individual driver qualification files.
   (2) For the purposes of complying with the return-to-duty alcohol
or controlled substances test requirements, or both, of Section
382.309 of Title 49 of the Code of Federal Regulations and the
followup alcohol or controlled substances test requirements, or both,
of Section 382.311 of that title, the department may use those test
results to monitor drivers who are motor carriers.
   (3) No evidence derived from a positive test result in the
possession of a motor carrier shall be admissible in a criminal
prosecution concerning unlawful possession, sale, or distribution of
controlled substances.
   (c) Any drug or alcohol testing consortium, as defined in Section
382.107 of Title 49 of the Code of Federal Regulations, shall mail a
copy of all drug and alcohol positive test result summaries to the
department within three days of the test.  This requirement applies
only to drug and alcohol positive tests of those drivers employed by
motor carriers who operate terminals within this state.
   (d) A transit agency receiving federal financial assistance under
Section 3, 9, or 18 of the Federal Transit Act, or under Section 103
(e)(4) of Title 23 of the United States Code, as defined in Section
653.7 of Title 49 of the Code of Federal Regulations, concerning
controlled substance use, and Section 654.7 of Title 49 of the Code
of Federal Regulations, concerning alcohol abuse, shall comply with
the controlled substances and alcohol use and testing requirements of
the United States Secretary of Transportation as set forth in Part
653 (commencing with Section 653.1) of, and Part 654 (commencing with
Section 654.1) of, Title 49 of the Code of Federal Regulations.
   (e) It is a misdemeanor punishable by imprisonment in the county
jail for six months and a fine not to exceed five thousand dollars
($5,000), or by both the imprisonment and fine, for any person to
willfully violate this section.  As used in this subdivision,
"willfully" has the same meaning as defined in Section 7 of the Penal
Code.
                                                (f) This section does
not apply to a peace officer, as defined in Section 830.1 or 830.2
of the Penal Code, who is authorized to drive vehicles described in
Section 34500 if that peace officer is participating in a substance
abuse detection program within the scope of his or her employment.
  SEC. 48.  Section 34631.5 of the Vehicle Code is amended to read:
   34631.5.  (a) (1) Every motor carrier of property as defined in
Section 34601, except those subject to paragraph (2), (3), or (4),
shall provide and thereafter continue in effect adequate protection
against liability imposed by law upon those carriers for the payment
of damages in the amount of a combined single limit of not less than
seven hundred fifty thousand dollars ($750,000) on account of bodily
injuries to, or death of, one or more persons, or damage to or
destruction of, property other than property being transported by the
carrier for any shipper or consignee whether the property of one or
more than one claimant in any one accident.
   (2) Every motor carrier of property, as defined in Section 34601,
who operates only vehicles under 10,000 pounds GVWR and who does not
transport any commodity subject to paragraph (3) or (4), shall
provide and thereafter continue in effect adequate protection against
liability imposed by law for the payment of damages caused by bodily
injuries to or the death of any person; or for damage to or
destruction of property of others, other than property being
transported by the carrier, in an amount not less than three hundred
thousand dollars ($300,000).
   (3) Every intrastate motor carrier of property, as defined in
Section 34601, who transports petroleum products in bulk, including
waste petroleum and waste petroleum products, shall provide and
thereafter continue in effect adequate protection against liability
imposed by law upon the carrier for the payment of damages for
personal bodily injuries (including death resulting therefrom) in the
amount of not less than five hundred thousand dollars ($500,000) on
account of bodily injuries to, or death of, one person; and
protection against a total liability of those carriers on account of
bodily injuries to, or death of more than one person as a result of
any one accident, but subject to the same limitation for each person
in the amount of not less than one million dollars ($1,000,000); and
protection in an amount of not less than two hundred thousand dollars
($200,000) for one accident resulting in damage to or destruction to
property other than property being transported by the carrier for
any shipper or consignee, whether the property of one or more than
one claimant; or a combined single limit in the amount of not less
than one million two hundred thousand dollars ($1,200,000) on account
of bodily injuries to, or death of, one or more persons or damage to
or destruction of property, or both, other than property being
transported by the carrier for any shipper or consignee whether the
property of one or more than one claimant in any one accident.
   (4) Except as provided in paragraph (3), every motor carrier of
property, as defined in Section 34601, that transports any hazardous
material, as defined by Section 353, shall provide and thereafter
continue in effect adequate protection against liability imposed by
law on those carriers for the payment of damages for personal injury
or death, and damage to or destruction of property, in amounts of not
less than the minimum levels of financial responsibility specified
for carriers of hazardous materials by the United States Department
of Transportation in Part 387 (commencing with Section 387.1) of
Title 49 of the Code of Federal Regulations.  The applicable minimum
levels of financial responsibility required are as follows:


                                                            Combined
                                                          Single
Limit
     Commodity Transported:                                 Coverage
(A)  Oil listed in Section 172.101 of Title 49 of          $1,000,000

     the Code of Federal Regulations; or hazardous
     waste, hazardous materials and hazardous
     substances defined in Section 171.8 of Title
     49 of the Code of Federal Regulations and
     listed in Section 172.101 of Title 49 of the
     Code of Federal Regulations, but not mentioned
     in subparagraph (C) or (D).
(B)  Hazardous waste as defined in Section 25117 of        $1,000,000

     the Health and Safety Code and in Article 1
     (commencing with Section 66261.1) of Chapter 11
     of Division 4.5 of Title 22 of the California
     Code of Regulations, but not mentioned in
     subparagraph (C) or (D).
(C)  Hazardous substances, as defined in Section           $5,000,000

     171.8 of Title 49 of the Code of Federal
     Regulations, or liquefied compressed gas or
     compressed gas, transported in cargo tanks,
     portable tanks, or hopper-type vehicle with
     capacities in excess of 3,500 water gallons.
(D)  Any quantity of division 1.1, 1.2, or 1.3             $5,000,000

     explosives; any quantity of poison gas (Poison
     A); or highway route controlled quantity
     radioactive materials as defined in Section
     173.403 of Title 49 of the Code of Federal
     Regulations.

   (b) (1) The protection required under  subdivision (a) shall be
evidenced by the deposit with the department, covering each vehicle
used or to be used in conducting the service performed by each motor
carrier of property, an authorized certificate of public liability
and property damage insurance, issued by a company licensed to write
the insurance in the State of California, or by a nonadmitted insurer
subject to Section 1763 of the Insurance Code.
   (2) The protection required under subdivision (a) by every motor
carrier of property engaged in interstate or foreign transportation
of property in or through California, shall be evidenced by the
filing and acceptance of a department authorized certificate of
insurance, or qualification as a self-insurer as may be authorized by
law.
   (3) A certificate of insurance, evidencing the protection, shall
not be cancelable on less than 30 days' written notice to the
department, the notice to commence to run from the date notice is
actually received at the office of the department in Sacramento.
   (4) Every insurance certificate or equivalent protection to the
public shall contain a provision that the certificate or equivalent
protection shall remain in full force and effect until canceled in
the manner provided by paragraph  (3).
   (5) Upon cancellation of an insurance certificate or the
cancellation of equivalent protection authorized by the Department of
Motor Vehicles, the motor carrier permit of any motor carrier of
property, shall stand suspended immediately upon the effective date
of the cancellations.
   (6) No carrier shall engage in any operation on any public highway
of this state during the suspension of its permit.
   (7) No motor carrier of property, whose permit has been suspended
under paragraph (5) shall resume operations unless and until the
carrier has filed an insurance certificate or equivalent protection
in effect at the time and that meets the standards set forth in this
section.  The operative rights of the complying carriers shall be
reinstated from suspension upon the filing of an insurance
certificate or equivalent protection.
   (8) In order to expedite the processing of insurance filings by
the department, each insurance filing made should contain the insured'
s California carrier number, if known, in the upper right corner of
the certificate.
   (c) (1) Notwithstanding any other provision of law, the operator
of a for-hire tow truck who is in compliance with subdivision (a) may
perform emergency moves, irrespective of the load carried aboard the
vehicle being moved.
   (2) For the purposes of paragraph (1), an "emergency move" is
limited to one or more of the following activities:
   (A) Removal of a disabled or damaged vehicle or combination of
vehicles from a highway.
   (B) Removal of a vehicle or combination of vehicles from public or
private property following a traffic collision.
   (C) Removal of a vehicle or combination of vehicles from public or
private property to protect public health, safety, or property.
   (D) Removal of a vehicle or combination of vehicles from any
location for impound or storage, at the direction of a peace officer.

   (3) The authority granted under paragraph (1) applies only to the
first one-way carriage of property from the scene of the emergency to
the nearest safe location.  Any subsequent move of that property
shall be subject to subdivision (a), including, but not limited to, a
requirement that the for-hire tow truck operator have a level of
liability protection that is adequate for the commodity being
transported by the towed vehicle or combination of vehicles.
   (4) Any transportation of property by an operator of an operator
of a for-hire tow truck that is not an emergency move, as authorized
under paragraph (1), shall be subject to subdivision (a), including,
but not limited to, a requirement that the for-hire tow truck
operator have a level of liability protection that is adequate for
the commodity being transported by the towed vehicle or combination
of vehicles.
  SEC. 49.  Section 35106 of the Vehicle Code is amended to read:
   35106.  (a) Motor coaches or buses may have a maximum width not
exceeding 102 inches.
   (b) Notwithstanding subdivision (a), motor coaches or buses
operated under the jurisdiction of the Public Utilities Commission in
urban or suburban service may have a maximum outside width not
exceeding 104 inches, when approved by order of the Public Utilities
Commission for use on routes designated by it.  Motor coaches or
buses operated by common carriers of passengers for hire in urban or
suburban service and not under the jurisdiction of the Public
Utilities Commission may have a maximum outside width not exceeding
104 inches.
   (c) (1) Notwithstanding subdivision (a), motor coaches and buses
operated within local ski area jurisdictions may be equipped with a
winter recreational equipment carrying device that does not extend
more than four inches on the right side for a maximum outside width
not exceeding 106 inches.  Motor coaches or buses operating pursuant
to this subdivision may not operate on highways designated as part of
the national network under Appendix A to Section 658 of Title 23 of
the Code of Federal Regulations, or where prohibited by the
Department of Transportation or local authorities.  The motor coaches
and buses described in this subdivision may be operated only if all
of the following conditions are satisfied with respect to motor
coaches and buses:
   (A) They may only be operated from November 1 to May 31,
inclusive, of each year.
   (B) All accidents involving them shall be reported to the
Department of the California Highway Patrol.
   (2) Notwithstanding the provisions of Section 7550.5 of the
Government Code, the Department of the California Highway Patrol, in
consultation with the Department of Transportation, shall conduct a
study on the effect that the exemption provided under this section
has on public safety.
   (d) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 50.  Section 35106 is added to the Vehicle Code, to read:
   35106.  (a) Motor coaches or buses may have a maximum width not
exceeding 102 inches.
   (b) Notwithstanding subdivision (a), motor coaches or buses
operated under the jurisdiction of the Public Utilities Commission in
urban or suburban service may have a maximum outside width not
exceeding 104 inches, when approved by order of the Public Utilities
Commission for use on routes designated by it.  Motor coaches or
buses operated by common carriers of passengers for hire in urban or
suburban service and not under the jurisdiction of the Public
Utilities Commission may have a maximum outside width not exceeding
104 inches.
   (c) This section shall become operative on January 1, 2002.
(Amended by Stats. 1982, Ch. 827, Sec. 5.  Effective September 10,
1982.)
  SEC. 51.  Section 40001 of the Vehicle Code is amended to read:
   40001.  (a) It is unlawful for the owner, or any other person,
employing or otherwise directing the driver of any vehicle to cause
the operation of the vehicle upon a highway in any manner contrary to
law.
   (b) It is unlawful for an owner to request, cause, or permit the
operation of any vehicle that is any of the following:
   (1) Not registered or for which any fee has not been paid under
this code.
   (2) Not equipped as required in this code.
   (3) Not in compliance with the size, weight, or load provisions of
this code.
   (4) Not in compliance with the regulations promulgated pursuant to
this code, or with applicable city or county ordinances adopted
pursuant to this code.
   (5) Not in compliance with the provisions of Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code and
the rules and regulations of the State Air Resources Board.
   (c) Any employer who violates an out-of-service order, that
complies with Section 396.9 of Title 49 of the Code of Federal
Regulations, or who knowingly requires or permits a driver to violate
or fail to comply with that out-of-service order, is guilty of a
misdemeanor.
   (d) Whenever a violation is chargeable to the owner or lessee of a
vehicle pursuant to subdivision (a) or (b), the driver shall not be
arrested or cited for the violation unless the vehicle is registered
in a state or country other than California, or unless the violation
is for an offense that is clearly within the responsibility of the
driver.  The Department of the California Highway Patrol shall report
to the Legislature on or before January 1, 1988, concerning the
effects of this subdivision.
   (e) Whenever the owner, or lessee, or any other person is
prosecuted for a violation pursuant to this section, the court may,
on the request of the defendant, take appropriate steps to make the
driver of the vehicle, or any other person who directs the loading,
maintenance or operation of the vehicle, or any other person who
gives false or erroneous information in a written certification of
actual gross weight, a codefendant.  However, the court may make the
driver a codefendant only if the driver is the owner or lessee of the
vehicle, or the driver is an employee or a contractor of the
defendant who requested the court to make the driver a codefendant.
If the codefendant is held solely responsible and found guilty, the
court may dismiss the charge against the defendant.
   (f) In any prosecution under this section, it is a rebuttable
presumption that any person who gives false or erroneous information
in a written certification of actual gross cargo weight has directed,
requested, caused, or permitted the operation of a vehicle in a
manner contrary to law in violation of subdivision (a) or (b), or
both.
  SEC. 52.  Section 40303 of the Vehicle Code is amended to read:
   40303.  Whenever any person is arrested for any of the following
offenses and the arresting officer is not required to take the person
without unnecessary delay before a magistrate, the arrested person
shall, in the judgment of the arresting officer, either be given a 10
days' notice to appear as provided in this section or be taken
without unnecessary delay before a magistrate within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and is nearest or most accessible
with reference to the place where the arrest is made:
   (a) Section 10852 or 10853, relating to injuring or tampering with
a vehicle.
   (b) Section 23103 or 23104, relating to reckless driving.
   (c) Subdivision (a) of Section 2800, insofar as it relates to a
failure or refusal of the driver of a vehicle to stop and submit to
an inspection or test of the lights upon the  vehicle under Section
2804 hereof, which is punishable as a misdemeanor.
   (d) Subdivision (a) of Section 2800, insofar as it relates to a
failure or refusal of the driver of a vehicle to stop and submit to a
brake test which is punishable as a misdemeanor.
   (e) Subdivision (a) of Section 2800, relating to the refusal to
submit vehicle and load to an inspection, measurement, or weighing as
prescribed in Section 2802 or a refusal to adjust the load or obtain
a permit as prescribed in Section 2803.
   (f) Subdivision (a) of Section 2800, insofar as it relates to any
driver who continues to drive after being lawfully ordered not to
drive by a member of the California Highway Patrol for violating the
driver's hours of service or driver's log regulations adopted
pursuant to subdivision (a) of Section 34501.
   (g) Subdivision (b) of Section 2800, relating to a failure or
refusal to comply with any lawful out-of-service order.
   (h) Section 20002 or 20003, relating to duties in the event of an
accident.
   (i) Section 23109, relating to participating in speed contests or
exhibition of speed.
   (j) Section 14601, 14601.1, 14601.2, or 14601.5, relating to
driving while license is suspended or revoked.
   (k) When the person arrested has attempted to evade arrest.
   (l) Section 23332, relating to persons upon vehicular crossings.
   (m) Section 2813, relating to the refusal to stop and submit a
vehicle to an inspection of its size, weight, and equipment.
   (n) Section 21461.5, insofar as it relates to a pedestrian who,
after being cited for a violation of Section 21461.5, is, within 24
hours, again found upon the freeway in violation of Section 21461.5
and thereafter refuses to leave the freeway after being lawfully
ordered to do so by a peace officer and after having been informed
that his or her failure to leave could result in his or her arrest.
   (o) Subdivision (a) of Section 2800, insofar as it relates to a
pedestrian who, after having been cited for a violation of
subdivision (a) of Section 2800 for failure to obey a lawful order of
a peace officer issued pursuant to Section 21962, is within 24 hours
again found upon the bridge or overpass and thereafter refuses to
leave after being lawfully ordered to do so by a peace officer and
after having been informed that his or her failure to leave could
result in his or her arrest.
   (p) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
  SEC. 53.  Section 42001.1 of the Vehicle Code is amended to read:
   42001.1.  (a) Every person convicted of an infraction for a
violation of Section 2815 or a violation of Section 22526 at an
intersection posted pursuant to subdivision (d) of Section 22526
shall be punished as follows:
   (1) For a first conviction, a fine of not less than fifty dollars
($50) nor more than one hundred dollars ($100).
   (2) For a second conviction within a period of one year, a fine of
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
   (3) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250)
nor more than five hundred dollars ($500).
   (b) In addition to the fine specified in subdivision (a), the
court may order the department to suspend the driver's license for up
to 30 days of any person convicted of a third or any subsequent
conviction of Section 2815 within a period of two years, and the
department shall suspend the license for the period of time so
ordered.
  SEC. 54.  Section 42005 of the Vehicle Code is amended to read:
   42005.  (a) The court may order any person convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
   (b) In lieu of adjudicating a traffic offense, and with the
consent of the defendant, or after conviction of a traffic offense,
the court may order any person issued a notice to appear for a
traffic violation to attend a traffic violator school licensed
pursuant to Chapter 1.5 (commencing with Section 11200) of Division
5.
   (c) Except as otherwise provided in subdivision (d), any person so
ordered may choose the traffic violator school the person will
attend.  The court shall make available to each person subject to
such an order the current list of traffic violator schools published
by the department pursuant to Section 11205.
   (d) In those counties where, prior to January 1, 1985, one or more
individual courts, or the county acting on behalf of one or more
individual courts, contracted for the provision of traffic safety
instructional services to traffic violators referred by the court
pursuant to a pretrial diversion program, the courts may restrict
referrals under this section to those schools for traffic violators
or licensed driving schools which are under contract with the court
or with the county to provide traffic safety instructional services
for persons referred pursuant to subdivision (a).
   (e) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county
and the county shall be exempt from state regulations relative to
maximum classroom attendance.
   (f) Notwithstanding subdivision (b), a court may not order a
person to attend traffic violator school in lieu of adjudicating an
offense if the person was issued a notice to appear for a serious
traffic violation, as defined in subdivision (i) of Section 15210,
that occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
   (g) Any person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
  SEC. 55.  Notwithstanding Section 16361 of the Government Code or
any other provision of law, and to the extent permitted under federal
law, the sum of five hundred thousand dollars ($500,000) previously
appropriated to the Department of Transportation under paragraph (1)
of subdivision (c) of Section 6 of Chapter 1159 of the Statutes of
1993 is hereby reappropriated to the Department of Transportation to
be allocated by that department to the City of Coronado for the
purposes of supplementing the funding of that city's trip reduction
and air quality program.
  SEC. 56.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
